Information brochure - SA.GOV.AU

1 I I Consumer and Business Services Information brochure The Information in this brochure is a summary of the residential tenancies Act 1995, it does not replace it. The residential tenancies Act 1995 requires that a landlord or agent must give the tenant this Information brochure at the time that a residential tenancy agreement is entered into. This brochure sets out the general rights and obligations of landlords and tenants in respect of all residential tenancy agreements in South Australia. A residential tenancy agreement is formed when a person (landlord/agent) gives another person (tenant), the right to occupy premises in return for payment.

2 The landlord/tenant Landlords and tenants both have rights and obligations when a tenancy agreement is entered into . Some of these rights and obligations cannot be changed, even if there is a mutual agreement made between the parties. This brochure outlines the main requirements of both parties, for full details on rights and responsibilities; refer to the residential tenancies Act 1995 (the Act). If you have a query about your rights or responsibilities, contact Consumer and Business Services (CBS) on 131 882. The landlord/tenant relationship begins when a landlord agrees to rent residential premises to a tenant. "Premises" includes the land and buildings contained on it, and all things provided for use by the tenant.

3 However, a landlord and tenant may agree at the beginning of the tenancy to exclude certain parts of the premises as being for the landlord s use only. A tenancy agreement can be written, verbal or even implied. It does not need to be in writing to be binding. If parties wish to enter into a written agreement, a copy of a standard lease agreement is available free from CBS, or from privaterentalforms The land lord must pay any cost associated with the preparation of a written lease. There is to be no cost to the tenant. The landlord is obliged inform prospective tenants of any intention to sell the property; provide the tenant with a written notice setting out the agent/landlord contact details; provide the tenant with a copy of the lease agreement if the landlord has required the tenant to sign a written agreement; complete and provide two signed inspection sheets and a copy of this Information brochure to the tenant at the commencement of the tenancy; provide manuals, or written, or oral instructions for the operation of domestic appliances air conditioner.

4 Domestic appliances must also be listed in the tenancy agreement; allow the tenant to pay rent by at least one means that doesn t involve the payment of cash, or the use of a rent collection agency; provide the premises in a clean and reasonable state; keep proper rent records and give proper receipts for any money received from the tenant. If the tenant pays rent into an account that is kept by the landlord or agent at a financial institution and the landlord or agent keeps a written record containing the Information normally required on a receipt, a receipt does not have to be given to the tenant; pay charges for water usage and supply as agreed between the landlord and the tenant. In the absence of an agreement if the water supply is separately metered, the tenant is responsible to pay for all water usage and the water supply charge.

5 If there are multiple properties on one meter, a special clause must be included in the lease agreement outlining how water charges are to be determined. Sewerage charges are always the responsibility of the landlord; pay council rates, land tax charges, sewerage charges and any levies; maintain and repair the premises (having regard to their age, character and prospective life); allow the tenant peace, comfort and privacy; provide and maintain locks to ensure the premises are reasonably secure. Page 2 of 11 The tenant is obliged pay the rent on time. If the tenant receives a Centrelink payment, the landlord may agree for the rent to be paid using Centrepay.

6 (For details on Centrepay contact the nearest Centrelink Office). If rent is paid electronically, it will be taken to be paid on the date the money is received in the landlord s account; keep the premises in a reasonable state of cleanliness; pay charges for water usage and supply as agreed between the landlord and the tenant. In the absence of an agreement, if the water supply is separately metered, the tenant is responsible to pay for all water usage and the water supply charge. If there are multiple properties on one meter, a special clause must be included in the lease agreement outlining how water charges are to be determined. Sewerage charges and any levies are always the responsibility of the landlord; not intentionally or negligently cause or allow damage to be caused to the premises; notify the landlord of damage to the premises; notify the landlord when repairs are needed; not use the premises, or allow them to be used, for any illegal purpose; not cause or allow a nuisance or interference with the reasonable peace, comfort and privacy of anyone else living in the immediate vicinity of the premises; not fit any fixtures or make any alterations to the premises (including picture hooks, shelves and fences) without the landlord's permission.

7 Landlord s right of entry to rented in an emergency; at a time previously arranged with the tenant, but not more often than once every week to collect rent; to inspect the premises (not more often than once every four weeks) after giving seven to fourteen days written notice specifying the date, purpose of entry and an entry period of up to two hours; to carry out garden maintenance at the request of the tenant, or at a time previously arranged with the tenant no more than 7 days before the day of entry, or after giving seven to fourteen days written notice; to carry out necessary repairs (other than in an emergency) or maintenance (other than garden maintenance) at the request of the tenant or after giving at least 48 hours' notice; to show the premises to prospective tenants at the request of the tenant, or after giving reasonable notice to the tenant during the last 28 days of a tenancy; at a time agreed by the tenant, or after giving reasonable notice to the tenant to show the premises to prospective purchasers no more than twice weekly; to determine whether a breach has been remedied after the landlord has given the tenant notice of a breach of agreement.

8 No less than 7 and no more than 14 days written notice on a prescribed form must be given; if it is believed on a reasonable ground that the tenant has abandoned the premises; for some other genuine purpose after giving seven to fourteen days written notice specifying the date, time and purpose of entry, or with the consent of the tenant. All entries, unless agreed, must take place between normal hours 8am and 8pm on any day other than a Sunday or public holiday. At the beginning of a A landlord has the right to choose a suitable tenant. Under the Act, it is illegal to discriminate against tenants with children. This does not apply if the landlord or agent lives in the premises the tenancy relates to. Other laws against discrimination also exist under the Equal Opportunity Act.

9 For Information about discrimination laws visit the Equal Opportunity Commission s website at Page 3 of 11 residential tenancy A residential Tenancy Database (RTD) is a commercial database containing Information about tenancies , not a database kept by an entity for use of its officers, employees or agents. A landlord or agent must tell a prospective tenant if they intend to use the services of a RTD to decide whether an agreement should be entered into. They must also tell the prospective tenant if they find that an RTD contains Information about them and how the tenant can have the Information amended or removed. A landlord or agent must not list Information on an RTD unless the tenant is given at least 14 days to review this Information .

10 A listing must be removed after three years. Types of lease There are two types of residential tenancy agreements. [1] Periodic - an agreement (written, verbal or implied) for an indefinite period until it is lawfully terminated; [2] Fixed term - a specific start date and end date agreed upon at the beginning of the tenancy ( , six or twelve months). The landlords and tenants rights and obligations under both types of agreements are exactly the same. There are differences, however, in the conditions of termination. A landlord must keep a copy of a written agreement and any variation of the agreement (in paper or electronic form) for two years after the tenancy has ended. For rental properties where the rent payable is $250 per week and under, the landlord cannot ask for a bond that is more than four weeks' rent.